On Student Permit and would like spouse who overstayed in Canada to go with me

[cheezcakeamiela]

Hi, I applied for student permit wherein school starts by January 2013. I would like to have my spouse and 2 kids to go to canada at a later date. However, my spouse have overstayed his open work permit in Canada (accompanying spouse of a student visa holder) for more than a year as he wasn't able to renew his passport when it expired. We left Canada when my visa was still valid so that makes him the ONLY one who "remained beyond the validity of status". Now we want to go back to Canada. I may go back there without a problem as long as he won't apply at the same time so immigration won't see his negligence in any of the forms. Someone said that he can re-apply for a new visa after six months of leaving the country since we he voluntarily left and didn't had a removal order. Would my spouse and kid (we have 2 and the other one was born in Canada) be granted a visa and come still at a later date? Would appreciate yoor answers...

 

[scylla]

He can certainly apply. However no one here can tell you if he will be approved.

As part of the process, he will have to demonstrate that he has no plans to remain in Canada long term. This will be difficult for him to prove due to his overstay.

But again - he can always try.